Bill
AB 681
AB 681 authorizes law enforcement to use oral fluid (saliva) screening as a preliminary roadside test to detect alcohol or impairing drugs during DUI/DWI investigations.
Status
- Introduced: February 14, 2025
- Authors/Sponsors: Introduced by Representatives Dittrich, Brill, Callahan, Kreibich, Melotik, Murphy, O'Connor, Penterman, and Piwowarczyk; cosponsored by Senators James, Marklein, Tomczyk, and Wanggaard.
- Legislative actions: Passed both houses (Assembly vote 61–10; Senate vote 30–9), enrolled 9/11/2025, and approved by the Governor 10/13/2025. Chaptered as Chapter 702, Statutes of 2025.
- Assembly Amendment 1 offered by Rep. Dittrich (document notes Amendment 1 dated 12/01/2025).
Purpose and intent
- The bill concerns the use of oral fluid (saliva) testing technology as a preliminary screening method for persons suspected of operating a motor vehicle while intoxicated. Its stated intent is to permit law enforcement to use oral fluid screening tools in the field to detect alcohol and/or illicit or impairing drugs as part of roadside intoxication investigations.
What the bill does (general description)
- The full enrolled statutory text is not provided here. Based on the bill title and legislative history, AB 681 establishes a legal framework allowing law enforcement officers to administer oral fluid screening tests as a preliminary screen when there is suspected driving under the influence (DUI) or driving while intoxicated (DWI).
- The bill likely addresses operational details common to similar measures, such as:
- when oral fluid screening may be used (e.g., upon reasonable suspicion or after a traffic stop),
- whether results may be used to establish probable cause for arrest,
- standards or approvals for devices (device certification, manufacturer/specifications),
- officer training and certification requirements,
- procedures for handling, documenting, and preserving test results,
- limits on use of preliminary oral fluid test results as formal evidence in court (e.g., presumptive vs. evidentiary tests).
Who is affected
- Drivers and vehicle occupants who are stopped on suspicion of DUI/DWI.
- Law enforcement agencies and officers (policy, training, equipment procurement).
- Forensic laboratories and evidence-handling systems if confirmatory testing (blood or laboratory analysis) is required following a positive oral fluid screen.
- Courts, prosecutors, and defense counsel, through changes to probable cause and evidentiary practices.
Potential impacts and considerations
- Operational: Faster, less invasive roadside screening compared with blood draws; may improve detection of certain impairing drugs.
- Legal: May change how probable cause is developed and how preliminary screening results are treated in arrest decisions and prosecutions; could prompt litigation over device reliability, accuracy, and admissibility.
- Administrative/cost: New equipment purchases, training, and possible lab confirmations may impose costs on agencies.
- Privacy and civil liberties: Use of chemical screening in the field raises consent, search, and accuracy concerns that may be raised by advocates or defense counsel.
Notes and recommendation
- This summary is based on the bill title and legislative history provided; the enrolled and chaptered statute (Chapter 702, Statutes of 2025) should be consulted for the specific statutory language, definitions, procedural requirements, and any exceptions or limitations contained in the final law.
Compiled from official sources — confirm details with the bill’s official record.
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